Taxi Driver Flees Crash With Chicago Bicyclist, Later Pays

Tilek Tulemyshev in an
undated photo

A taxi driver who fled the scene after striking a Chicago bicyclist from behind in Wicker Park could not escape accountability.  The driver, Tilek Tulemyshev, and the cab company, Best Cab Corp, have paid $300,000 to the injured biker, a 33 year old airline attendant, following a lawsuit filed against them by FK Law.

On September 10, 2011 the female cyclist was riding northbound on North Damen Avenue with her husband and a friend.  When the three reached Damen's intersection with West Webster Avenue they stopped for a red light.  At the same time, Mr. Tulemyshev was stopped along the curb to their right picking up a fare.  When the light turned green the bicyclists began pedaling across the intersection. The taxi also accelerated forward.  Upon reaching the middle of the intersection, Mr. Tulemyshev crashed into the rear of the woman's bike throwing her into the street where he then ran her down. The woman's husband screamed for him to stop.  He did for a moment.  He then threw the taxi into reverse and stomped on the accelerator driving the taxi backwards back into the intersection where he rammed another vehicle.  With the terrified fare still in the cab, Mr. Tulemyshev then put the car in drive and sped east on Webster.  A block or two later he abruptly stopped, let his passenger escape then drove off.

The bicyclist was left with scrapes and bruises over much of her body.  More significantly, she suffered torn cartilage in her left knee requiring surgery.  Her injuries left her unable to work for a significant period of time.  She incurred over $60,000 in medical bills.

Despite undeniable negligence by the driver, he and his attorneys initially refused to compensate our client for the harm he caused.  Instead they asserted that her knee injury was the result of a skiing accident years before the crash.  That earlier incident caused tears to her left anterior cruciate ligament and medial meniscus.  However, for years before the 2011 crash she was symptom free and lived a healthy, active life.  She regularly ran and rode her bicycle without pain.  That changed after being hit by the taxi.  Our challenge was to succinctly demonstrate that the crash was the cause of her ongoing knee problem.  It was complicated.  The first orthopaedic specialist that evaluated her felt that the crash had only resulted in a sprain to the knee.  However, another specialist examined film of her knee and determined that while ACL and meniscus tears preexisted the crash, that at least the injury to her meniscus was exacerbated by the collision and was a very significant factor in her knee problems since.

The evidence regarding her knee injury was solid, but the defense seemed to view it as nuanced. They continued to refused to offer what we and our client felt was reasonable compensation.  Then, two things happened which seemed to tighten the screws.  First, Mr. Tulemyshev, at first cooperative during litigation, disappeared.  Neither his attorneys nor we could locate him.  He never did submit himself for a deposition in the case.  Secondly, we filed and won the right to add a count to the lawsuit seeking punitive damages.  The vast majority of personal injury lawsuits filed in Illinois seek only compensatory damages, that is, money to compensate the victim for the harm caused.  Punitive damages are rarely provided for and are meant to punish a wrongdoer.  The approval of a judge is necessary even to allow a jury to consider providing for punitive damages.  Once we argued for and receive that approval in this case, the defense finally saw the light and did the right thing.

Here's How You Should Exit A Taxi In Chicago

Photo property of Freeman Kevenides
Law Firm, LLC

The full version of this post appears in Time Out Chicago.

Following the 2012 death of a young attorney who was run down by a truck when he swerved to avoid an opened car door, the city of Chicago has made efforts to try to prevent such incidents. The term "dooring" is well known to regular city cyclists. It occurs when an occupant opens a vehicle door into a bicyclist. A significant number of these incidents are caused by passengers exiting taxi cabs. The problem has been significant enough for the city to mandate that taxi companies place window stickers inside their vehicles reminding disembarking passengers to look before exiting. Here are some steps you can take when exiting a taxi cab to reduce the chance you will injure an unsuspecting biker...  Continue reading.

Cyclist's POV Video Highlights The Horror Of Getting Doored

Below is a point of view video of a bicyclist getting doored by a taxi cab passenger from his right while riding in a bicycle lane in New York City.  The bike lane is located along the right side of a one way street.  The layout reminders me of Dearborn Avenue, north of Kinzie.  It is terrifying, though apparently the cyclist was not seriously injured.

There are a couple of interesting things about the video.  Let's assume for the moment that this incident occurred in Chicago instead of NYC.  The taxi cab driver did an awful lot wrong here.  By failing to pull to the curb to disembark his passengers he would have violated Rule 5.18 of the City of Chicago Public Chauffers Rules & Regulations which states, "Chauffeurs, when discharging passengers, shall do so in a safe and legal manner.  Chauffeurs shall discharge passengers curbside." He also would have violated several sections of Chicago’s staunchly pro-bicycle Municipal Code, including section 9-80-035 which requires drivers to look for other roadway users before permitting any door of their vehicle to be opened; section 9-40-160 which requires drivers to exercise due care to avoid colliding with any person operating a bicycle; and section 9-40-060 which prohibits any portion of a motor vehicle to encroach into a bicycle lane.  This sort of collision happens a lot in Chicago.  We have successfully represented many cyclists who have been doored by taxi cab passengers who disembarked into a bike lane.  We are always successful in holding the cab driver responsible.

Though the driver is culpable, that does not let the passenger(s) off the hook.  Taxi cab passengers owe cyclists, and other road users, a duty to look before opening a door.  Within the last two years or so some cab companies in Chicago have installed side view mirrors in front of the rear doors of their vehicles to facilitate passengers' ability to look for cyclists.  Many cabs also have window stickers warning passengers to look before exiting.  A claim may be brought against the passengers for causing harm in this circumstance.  A passenger's homeowners or renters insurance will generally provide coverage.

The bicyclist in this video did some things right and a few things wrong.  Firstly, he was correct for riding in the far right edge of the bike lane.  Usually, the danger from dooring comes from the curb side of the bike lane.  Riding along the outer edge of the lane keeps cyclists outside what is usually thought of as the door zone.  Secondly, he was wise to ride with a video camera.  What happened was well documented should there be a factual dispute later.  On the other hand, he seems to have been riding pretty fast; perhaps too fast for the congested conditions.  He admits on the video to traveling at about 25 mph.  He may have overestimated his speed, but there he is saying it on video.  Twenty-five miles per hour in city traffic is pretty damn fast.  Also, he is too cavalier about the possibility he was injured.  Hopefully, he was in fact okay.  But given his speed and the suddenness of the stop, he would have been wise to go to the hospital to get checked out.  Perhaps he ended up doing so.  He also suggests that he did not want a police report created, stating on video that he tries to never talk to the police.  This is foolish.  If he needs to bring a claim later for his injuries (if there were any), the taxi company's insurer will insist on seeing a police report to confirm that the crash actually took place.  My guess is that the cyclist may wish he could walk back some of the things he said after the crash.  In fairness, no one is at their best after getting into a crash.  But parts of his video highlight the importance of trying to stay cool following a collision.  The fact that he created and posted the video for all to see is much appreciated as it may serve as a device for educating drivers, passengers and cyclists about how to avoid such an incident and what to do afterwards.

Bike's Damage Tells Story That Trumps Cab Driver; Injured Cyclist's Case Settles

A 27 year old woman was riding her bike south in the bicycle lane on North Damen Avenue in Wicker Park last August when the passenger of a taxi cab flung his door open in front of her. The taxi driver had stopped in the middle of the road, allowing the passenger to open the door into the bike lane.  The woman could not avoid the door that suddenly appeared from her left.  The crash occurred at around 10:30 a.m. on a clear day.  The cyclist hired our law firm to represent her.

Doorings, especially those occurring in broad daylight, tend to be pretty straightforward matters.  If a driver opens a door into a cyclist's path, that driver is liable for the harm caused.  End of story.  However, this case was a little unusual.  The cab company, and its insurer, claimed that our client never hit the door.  In a letter, the insurer wrote to me that the driver and his passengers, "state your client never hit the cab door and she lost control of her bike anticipating that the door was opening."  Apparently, it was the insurer's position that the cyclist was just a nervous sort who unreasonably feared taxis, and that her anxiety caused her to just crash on her own.  Of course, that was nonsense.

The cab company and its insurer had two problems:  First, even if the bicyclist did not hit the door, the cab driver caused her crash by allowing his passengers to disembark into a bicycle lane where a cyclist would predictably have to evade the door.  In so doing he violated Rule 5.18 of the City of Chicago Public Chauffeurs Rules & Regulations which requires taxi drivers to "discharge passengers curbside."  Secondly, the physical evidence strongly supported our client's version of events; that she did hit the door.  After the crash she took her bike to an excellent shop, GoodSpeed Cycles in Homewood.  There, one of their mechanics took photos of the bike documenting extensive damage to its steel frame.  He also wrote a very detailed damage report that stated, "Bike frame head tube has been ovalized due to heavy head on impact. . . Bike appears to have been in a collision while riding."  With this helpful assessment and the photos we were able to discredit what the taxi driver and his passengers said about how the crash occurred.  The only thing the cyclist could have crashed into was the vehicle door.

Today, thanks to the good work by GoodSpeed Cycles, we settled our client's case for a substantial sum.

Female Cyclist Left-Crossed By Taxi Driver While Riding In Lakeview Bicycle Lane

A 30 year old Chicago bicyclist was left-crossed by a taxi driver on April 5th as she rode south in the bicycle lane on North Clark Street in Lakeview.  The collision sent the female rider to the hospital with a concussion, a badly damaged shoulder and a deep gouge in her chin requiring stitches.  She remains in treatment.  The cyclist has retained my law firm to represent her.

The collision occurred at around 11:00 p.m. at the intersection of North Clark Street and West Drummond Place in the East Lakeview neighborhood.  The woman, an experienced city cyclist, was on her way home from a quiet evening with a friend in Rodgers Park.  She was riding with a bright, flashing front facing headlight and was wearing reflective clothing.  She also wore a helmet.  When she reached the t-intersection of Clark and Drummond, traffic to her left was stopped.  Without warning a taxi driver, northbound on Clark, turned left between the stopped cars then came to a halt across the southbound bicycle lane.  The cyclist had little time to attempt an emergency stop and could not avoid slamming into the side of the cab.  The impact threw her off her bike and into the road where she landed heavily on her left shoulder.  As she lay in the street with searing pain shooting through her shoulder and blood pouring from her chin she saw the taxi driver attempt to flee the scene down Drummond.  Fortunately, bystanders blocked the driver's get away until the police arrived.  

The cyclist was rushed via ambulance to Advocate Illinois Masonic Medical Center.  She was diagnosed with a concussion and received several stitches under her chin.  Though fractures were ruled out, she continues to experience pain and limited range of motion in her shoulder.  She also has numbness which radiates down the limb into her hand.  She continues to receive medical treatment and physical therapy for her injuries and has been placed on medical leave from her job working with children with behavioral problems.  She is not expected to return to her physically demanding job for at least another five weeks.

Chicago Bicyclist Hit By Red Light Running Taxi Driver To Be Compensated

She was riding her bike to a job interview at Chicago's Rainforest Cafe when the driver of an American United taxi did something stupid. The westbound driver ran the red light at West Ontario Street and struck the 25 year old female cyclist riding on North Clark Street southbound toward her nearby destination.  The collision in the intersection of Ontario and Clark at 12:30 p.m. last August 25th threw her off of her bike and onto her right side, causing injuries to her back and right foot, elbow and ribs.  Late yesterday, my law firm, retained to represent the bicyclist, successfully resolved the case against the driver and taxi company.

The woman's injuries were not life threatening, but the collision, caused only by the carelessness of the taxi driver, resulted in pain, and significant disruption to her life.  It also caused the uninsured woman substantial financial hardship.  She was left with medical bills she did not have the money to pay.  The compensation she will receive cannot erase these experiences, but will help her move on.

Taxi Cab Causes Crash With Bicyclist On North Michigan Avenue

A 22 year old Chicago bicyclist was in a collision with a taxi while riding to work on North Michigan Avenue on July 31st.  The male cyclist struck the back of his head on the pavement and was taken via ambulance to Northwestern Memorial Hospital for treatment.  The collision occurred at the intersection of North Michigan and East Wacker Drive.  The cyclist approached the intersection in the left side of the far right lane intending to avoid right turning traffic and to proceed straight north on Michigan.  With the traffic signal green he passed the left side of a yellow taxi cab attempting to turn right.  When he did, the cab driver unexpectedly jerked his vehicle left before beginning his right turn.   The bicyclist was unable to avoid striking the front driver's side quarter panel of the taxi.  The impact sent him hurdling over the front corner of the vehicle and onto the road where he struck his head.

My law firm has been retained to represent the bicyclist.

When Taxis Attack

In August and September, 2011 a 25 year old female graduate student was struck by two taxi cabs in Chicago from the same company.  Different drivers were involved in the incidents.  In the August incident, the bicyclist was riding southbound on North Clark Street at the intersection with West Ontario.  She passed through the intersection with a green light at around 12:20 p.m.  At the same time a taxi owned by American United turned left onto southbound Clark Street from westbound Ontario, running the light.  The driver struck the bicyclist when she reached the southern most crosswalk at the intersection.  After the collision the driver allegedly attempted to flee, but a nearby female witness began beating the cab with her purse insisting that the driver stop.  He did.

The bicyclist was treated at nearby Northwestern Memorial Hospital for a back injury and numerous scraps and bruises.

By the end of September the woman's condition had improved and she was back on her bicycle.  At around 10:15 a.m. on September 29th she was again riding her bike southbound on Clark, this time just south of Division Street.  She was on her way to deliver a completed school assignment.  At the same time a taxi driver with American United came up behind her and became impatient.  The driver attempted to pass her on the left crossing the center lane of traffic into northbound Clark.  When he did he passed so close that his passenger side view mirror hooked the cyclist's backpack and dragged her hard to the ground.  The incident re injured the cyclist's back.  She continues to work toward recovery more than three months following these incidents.

My law firm is representing the bicyclist against the cab company.

Reforms Coming To Chicago's Taxi Industry Good For Bicyclists

If my own experience representing bicyclists in injury claims is any indication, taxi cabs cause a lot of accidents.  It almost seems like taxi drivers go out of their way to find bikes to crash into.  I advise cyclists to treat taxis on the road as if they are loaded with explosives about to go off.  When you see a cab while riding give it the widest possible berth.

I welcome Mayor Rahm Emanuel's announcement yesterday of new reforms coming to Chicago's taxi industry.  These important changes are to include, "real-time monitoring of traffic tickets given to cabbies and limiting drivers to no more than 12 hours of driving each day," according to The Chicago Tribune.  There is to be greater and faster monitoring of taxi cab moving violations and an increased emphasis on getting dangerous cab drivers off the streets.  Read more here.

Cab Driver's Failure To Use Caution Dropping Off Passenger Causes Cyclist's Injury

Chicago taxicab drivers must exercise caution when dropping off passengers.  Passengers should be permitted to disembark only where it is reasonably safe to do so.  That usually means pulling to the curb. Stopping so as to give a passenger the option of either exiting the cab into moving motor vehicle traffic, or into a busy bicycle lane is negligence on the part of the driver.  Once again a cab driver's poor decision as to where to drop off a passenger has resulted in injury to a bicyclist.  Our law firm is representing the cyclist.  On Halloween evening at around 7:30 p.m. a 35 year old female cyclist was injured when a southbound taxi cab on Wells Street, about a half a block south of North Avenue, dropped off his passenger into a dedicated bicycle lane.  In this instance, the right wheels of the taxi encroached into the bike lane, an ordinance violation.  When the passenger opened the right rear door it struck the left hand of the bicyclist causing severe finger tendon laceration requiring eight stitches.  It is not yet clear whether surgery will be necessary to restore full function to the finger and hand.

The bicyclist would have been easily visible.  Her bike was equipped with operating lights and she was wearing light colored clothing at the time of the incident.  She was wearing a helmet and did not sustain a head injury.

Wells Street at the location of this incident has one southbound and one northbound lane.  Cab drivers on this and similar roadways simply cannot provide their passengers with two unsafe options of exiting and simply hope nothing bad happens.  In such instances, the passenger is offered the option of either exiting on the left of the cab and into moving motorized traffic, or on the right into a busy bicycle lane.  This is negligence plain and simple.  Cab drivers must drop off passengers in a reasonably safe place so as to avoid putting either the passenger or other roadway users at risk.